Telecom Alert: EEI Pole-Attachment Petition; Wireless Emergency Alert Survey Partnerships; FCC Enforcement Alert; C-Band Licenses Granted [Vol. XVIII, Issue 30]

FCC Seeks Comment on EEI Pole-Attachment Petition

The Wireline Competition Bureau released a Public Notice seeking comment on a petition for declaratory ruling filed by The Edison Electric Institute (“EEI”) asking the Commission to clarify several of its pole-attachment rules.  Specifically, EEI requests a declaratory ruling that (1) when the Commission determines that a pole attachment rate, term, or condition is unjust and unreasonable and orders a refund, the “applicable statute of limitations” is the same as the two-year period prescribed in section 415(b); and (2) refunds in pole attachment complaint proceedings are not “appropriate” for any period preceding good-faith notice of a dispute.  Interested parties may file comments or oppositions to the Petition by August 23, 2021 and reply comments by September 7, 2021.  For more information, please contact Tom Magee (magee@khlaw.com; 202.434.4128) or Tim Doughty (doughty@khlaw.com; 202.434.4271).   

Wireless Emergency Alert Survey Partnerships

Last week the FCC announced that it is entering into partnerships with eleven federal, state, and local agencies to assess the delivery of the Wireless Emergency Alerts during a planned nationwide test on August 11.  A test message will be directed only to consumer cell phones where the subscriber has opted in to receive test messages beginning at 2:20 p.m.  The agencies will participate in the survey to confirm that the test message was delivered in a timely manner and help identify any issues.  The Commission also sent letters to AT&T, T-Mobile, and Verizon asking them to provide information on their performance.  For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239).

FCC Enforcement Alert – EAS Accessibility

The FCC issued an Enforcement Advisory last week reminding Emergency Alert System (“EAS”) participants of the requirements to ensure alerts are visually and aurally accessible.  Analog and digital television broadcast stations, analog and digital cable systems, wireless cable systems, wireline video systems, and DBS providers must transmit EAS alerts in a manner that allows individuals with and without disabilities to access the full content.  EAS participants must deliver national test alerts and conduct weekly and monthly tests of the system.  For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239).

C-Band Licenses Granted

The FCC issued a News Release last week announcing the grant of 5,676 licenses in the 3.7-3.98 GHz band (“C-Band”) following the completion of Auction 107 earlier this year (Vol. XVIII, Issue 9).  All 5,684 of the licenses offered in the Auction were won by 21 bidders, generating over $81 billion in gross proceeds and delivering 280 MHz of mid-band spectrum for 5G.  For more information, please contact Greg Kunkle (kunkle@khlaw.com; 202.434.4178).